Are there other situations where accepting/asking for rent whilst trying to evict someone would create a tenancy apart from if a resident landlord etc.

Snorkerz

26-12-2011, 22:28 PM

Say you had a joint tenancy and one tenant gave notice during a periodic tenancy. If either (or both) tenant doesn't leave on the due date then if you accept rent you will create a new tenancy. You would instead accept the payment as mesne profit.

spare

26-12-2011, 22:44 PM

Right so would that only apply to this scenario because it will create a new tenancy for the one tenant because the tenancy was a joint tenancy originally and is there any other situation that this would apply to.

mariner

27-12-2011, 01:42 AM

spare, you are a rel new forum member who has posted several hypothetical questions.
IMO this Forum should advise actual Ts/LLs on actual problems, with background detail, rather than students. Contributors may be willing to advise if true facts are known.
Please reveal your staus LL/T/student/

Lawcruncher

27-12-2011, 07:35 AM

If you have a situation where a person is in exclusive occupation of property (whether residential or otherwise) and the person entitled to occupation demands or accepts money for the occupation there is a risk that a tenancy will arise. One of the requirements for a tenancy is that the parties intended to create legal relations; that means that both parties must have intended that there should be a tenancy. The problem in practice is that intentions may be inferred from actions and the courts are alert to the possibility that an arrangement may be a sham.

Calling a payment "mesne profits" does not stop it being rent. The best possible course for an owner who does not wish to create a tenancy is not to demand or accept payment. If you must use it, the term "mesne profits" is best reserved for use in a court application where you are seeking possession on the grounds that there is no tenancy and also seek compensation for the unauthorised occupation or, once the occupier has left, are seeking such compensation. The term, like "subject to contract" and "without prejudice" is though best left to be used by experienced professionals.

spare

27-12-2011, 23:22 PM

Mariner: As said before I am a landlord. But if I find something on here that I think I need to explore to make sure I understand it properly and how it relates to situations I would have thought that that would have been better than me further down the line accepting rent from a tenant and then coming in here and everyone saying oh you shouldn't have accepted the rent as now there may be a tenancy. Not being stroppy but I like to learn to prevent mistakes not to correct them afterwards. I am grateful for the option of having this forum to "learn" unless you are letting me know that this forum is only for actual problems that have already taken place. Cheers

Lawcruncher

28-12-2011, 08:07 AM

I agree with spare: prevention is better than cure.

Moderator2

28-12-2011, 08:49 AM

I am grateful for the option of having this forum to "learn" unless you are letting me know that this forum is only for actual problems that have already taken place. Cheers